Regulation No. 179/2010 Army Foundation Establishment Council Of Minister Regulation

Regulation No. 179/2010 Army Foundation Establishment Council Of Minister Regulation

COUNCIL OF MINISTERS REGULATION TO PROVIDE FORTHE ESTABLISHMENT OF ARMY FOUNDATION

This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 471/2005.
1. Short Title
This Regulation may be cited as the “Army Foundation Establishment Council of Ministers Regulation No. 179/2010”.
2. Definitions
In this Regulation unless the context requires otherwise:
1/ “army foundation” means an organization that cares for its members for the maintenance of a high standard of morale and the fostering of a feeling of pride by providing services and facilities, which are tailored to suit the needs of its members and their dependents;
2/ “ex-members of the army” means those who are honorably discharged from the regular army service due to the completion of their obligatory services or retirement.
3. Establishment
1/ The Army Foundation (hereinafter the “Foundation”) is hereby established as an autonomous entity having its own legal personality.
2/ The Foundation shall be accountable to the Ministry of National Defense.
4. Head Office
The Foundation shall have its head office in Addis Ababa and may have branches elsewhere, as may be necessary.
5. Objectives of the Foundation
The Foundation shall have the objectives to provide services and facilities that could not be provided by the government and required to meet the needs of members of the Army and to improve their quality of life with a view to:
1/ enabling them to devote their full time and energy in the fulfillment of their mission and thereby maintaining a high standard of morale and the fostering of a feeling of pride in the Army; and
2/ strengthening their unity and interaction.
6. Membership
Membership of the Foundation shall be open to:
1/ regular Army members;
2/ ex-members of the Army who are honorably discharged;
3/ other category of persons as prescribed by the Foundation.
7. Powers and Duties
1/ The Foundation shall have the following powers and duties to:
a) supply basic provisions and services to the Army members and their families through commissaries;
b) undertake the construction of condominium apartments and transfer the same to the Army members;
c) provide loans to the Army members on concessionary interest rates;
d) provide different supports and social services to the Army members;
e) participate in different reliable and profitable investments;
f) own property, enter into contracts, sue and be sued in its own name;
g) engage in any other related activities necessary for the attainment of its objectives.
2/ The Foundation may conduct its activities within the country or anywhere the Army is deployed.
8. Organization
The Foundation shall have:
1/ a Board;
2/ a Manager; and
3/ the necessary staff.
9. Members of the Board
Members of the Foundation’s Board shall be drawn form the defense and other relevant organs and be appointed by the Ministry of National Defense. The number of members shall be determined as may be required.
10. Powers and Duties of the Board
The Foundation’s Board shall have the following powers and duties to:
1/ direct and supervise the overall administration and operation of the Foundation;
2/ issue directives on the utilization of the incomes of the Foundation and monitor the implementation of the same;
3/ approve annual budgets and programs of the Foundation;
4/ approve annual financial reports of the Foundation and appoint external auditors;
5/ advise the Ministry of National Defense on policy matters relating to the Foundation.
11. Meetings of the Board
1/ The Board shall hold its regular meetings once every three months; provided, however, that extraordinary meeting of the Board may be held at any time when called by the chairperson.
2/ The presence of the majority of the members at a meeting of the Board shall constitute a quorum.
3/ Any decision of the Board shall be passed by a majority of votes of members present at a majority of votes of members present at a meeting; in case of a tie, the chairperson shall have a casting vote.
4/ The Board may, without prejudice to the provisions of this Article, adopt its own rules of procedures.
12. Powers and Duties of the Manager
1/ The Manager shall, subject to the general directives of the Board, plan, direct and administer the activities of the Foundation.
2/ Without limiting the generality of sub-article (1) of this Article, the Manager shall:
a) follow up and ensure the proper implementation of decisions and directives of the Board;
b) employ and administer the employees of the Foundation in accordance with applicable laws and directives to be issued by the Board;
c) prepare and submit to the Board the annual budget and work programme of the Foundation and implement the same upon approval;
d) effect expenditure in accordance with the approved budget and work programme of the Foundation;
e) represent the Foundation in all its dealings with third parties;
f) follow up the timely collection of accrued revenues of the Foundation and deposit of the same in the Foundation’s bank account;
g) ensure the undertaking of public relation activities to popularize the objectives and services of the Foundation;
h) ensure that the meetings of the Board are properly recorded and maintained;
i) prepare and submit to the Board the performance and financial reports of the Foundation;
g) perform such other duties as may be given to him by the Board.
3/ The Manager may delegate part of his powers and duties to the employees of the Foundation to the extent necessary for the efficient performance of the activities of the Foundation.
13. Sources of Income of the Foundation
1/ The Foundation shall have the following sources of income:
a) Monthly membership fees;
b) Proceeds of commissaries;
c) Income generated from investments of the Foundation;
d) A percentage of subsidy out of income generated from the Army international peace keeping mission;
e) Donations and assistance secured from domestic sources.
2/ The funds collected from the sources specified under sub-article (1) of this Article shall be deposited in a bank account opened in the name of the Foundation and shall be utilized to finance the operations of the Foundation.
14. Fiscal Year
The fiscal year of the Foundation shall begin on the 1st day of Hamle of each year and end on the 30th day of Sene of the following year.
15. Book of Accounts
1/ The Foundation shall keep accurate and complete books of accounts.
2/ The books of accounts and financial documents of the Foundation shall be audited annually by external auditors.
16. Extent of Liability
The Foundation may not be held liable beyond its total assets.
17. Duration of the Foundation
The Foundation is established for an indefinite duration.
18. Effective Date
This Regulation shall enter into force on the date of publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 7th day of June, 2010.

MELES ZENAWIPRIME MINISTER OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA********************************